Court tosses punitive damages against Big Tobacco

[MonkeyFunk]

WASHINGTON (CNN) -- Splitting 5-4, the U.S. Supreme Court on Tuesday threw out a nearly $80 million punitive damages ruling against Philip Morris.

The damages had been awarded in a suit brought by the family of an Oregon man who died from a smoking-related disease.

The case, Philip Morris USA v. Williams, tested the power of juries to impose large punitive awards against tobacco and other well-heeled corporations in product-liability cases.

In their ruling, the justices decided to follow recent precedent that punitive damages should, in most cases, match "actual" damages.



more at: http://www.cnn.com/2007/LAW/02/20/scotus.tobacco/index.html



The most interesting part about this is the vote breakdown: The Majority was Breyer, Alito, Roberts, Kennedy and Souter. The dissent was Scalia, Thomas, Ginsburg and Stevens.

What an odd grouping.

[Redbear]

1. Im guessing it wasn't actually 5-4. It was more like 5-2-2.

We will know when we look at the decision.

[MonkeyFunk]

2. yeah

I bet you're right.

[MonkeyFunk]

3. kick...

I didn't see any other discussion of this decision. I thought it would've generated more interest.

[itsmesgd]

4. color me surprised

the courts' rule in favor of a large corporation and not for people, who'd-a-thunk-it

[PhilipShore]

5. Surprise Surprise

[MonkeyFunk]

6. I don't think they were just reflexively helping big tobacco

it seems it was a pretty narrow ruling on a particular aspect of how juries award punitive damages. Breyer and Souter voted with the majority, and Scalia and Thomas voted in the minority.

[karlrschneider]

7. It makes sense to me although I'm not privy to all the details.

The ruling appears to say not much more than that not all perceived or imagined 'victims' are entitled to compensation just because one particular one was or is. It's somewhat like lottery ticket holders claiming entitlement to the winnings because they bought a ticket.

[GreenInNC]

8. no sympathy

We have known that smoking was bad for you for at least 40 years. I quit along with millions of others. What ever happened to personal responsibility? My father died of lung cancer from smoking and my grandfather died from empyhsema. Did we ever think of suing a tobacco company? No, because they both knew what they were doing.

[karlrschneider]

9. And that really is the point, isn't it? I smoke. Some people bitch at me for doing so.

Maybe it will kill me but if it doesn't, something else will. Hell, I'm 65, there are dozens of weapons wielded by the Grim Reaper out to get me..

It's a little bit humorous, though...my doctor, 20 years my junior, who checks me annually for my flight physical, can't resist complaining that I'm generally in better health than he is.

:D